Veterans for Common Sense, et al v. James Peake, et al


FILED OPINION (ALEX KOZINSKI, MARY M. SCHROEDER, SIDNEY R. THOMAS, SUSAN P. GRABER, M. MARGARET MCKEOWN, KIM MCLANE WARDLAW, JOHNNIE B. RAWLINSON, JAY S. BYBEE, CONSUELO M. CALLAHAN, SANDRA S. IKUTA and N. RANDY SMITH) AFFIRMED in part, REVERSED in part, and REMANDED with instructions to DISMISS. The panel opinion, Veterans for Common Sense v. Shinseki, 644 F.3d 845 (9th Cir. 2011), is hereby VACATED and shall not be cited as precedent by or to any court of the Ninth Circuit. Costs on appeal awarded to Defendants-Appellees. Judge: MMS Dissenting, Judge JSB authoring. FILED AND ENTERED JUDGMENT. [8166446]

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